Noise Control

Noise has the potential to impact on us all everyday, in different ways. Any form of noise can be considered pollution if it causes annoyance, sleeplessness, fright, or any other stress reaction.

noise is transient; once it stops, the environment is free of it

we can measure individual sounds that may damage human hearing, but it is difficult to monitor cumulative exposure to noise or to determine just how much is too much

the definition of noise itself is highly subjective. To some people the roar of an engine is satisfying or thrilling; to others it is an annoyance. Loud music may be enjoyable or a torment, depending on the listener and the circumstances.

What is Council’s role in noise control

Council is responsible under the environmental planning legislation for addressing the potential impacts of noise when assessing a development application for a new building or landuse activity

Council is also responsible in some circumstances for responding to and investigating noise complaints made by members of the community

What type of noise complaints does Council investigate

A significant number of noise complaints are received and investigated by Council each year. These situations include:

neighbourhood noise (loud music, drums, bands, machinery, cars etc)

equipment (air conditioners, refrigeration units, pool/spa pumps etc)

factories, car / building alarms

animals, such as barking dogs

Please Note: Noise-generating activities undertaken by public authorities such as the Roads and Traffic Authority and State Rail Authority are not the responsibility of Council. These activities are regulated by the Department of Environment, Climate Change and Water.

You may call the Pollution Line on 131555 for further information or to report an incident.

What can Council do to stop unwanted noise

Council is provided with a range of enforcement options including the service of:

a noise control notice

a noise abatement direction

a prevention notice

a compliance cost notice

Non-compliance with these notices may lead to legal action being initiated or a penalty infringement notice being issued.

What do I do if I would like Council to investigate a noise complaint

All complaints are dealt with confidentially, however, complainants should be aware that, in some circumstances, should a matter subsequently involve legal action, a written statement and / or court appearance by the complainant may be required.

In all cases, the Council officer will endeavour to negotiate a solution to the situation without recourse to enforcement actions however; in some circumstances the regulatory tools under the Protection of the Environment Act 1997 may be used.

What is a Noise Abatement Order

The Protection of the Environment Operations Act 1997 also enables an individual to seek a Noise Abatement Order from the Local Court.

The process begins by making a complaint to a magistrate at the Local Court that an offensive noise activity is impacting on the amenity of your particular environment.

A person wanting to obtain a Noise Abatement Order should make an appointment with the Chamber Magistrate at the Local Court. Legal representation is not necessarily required to obtain a Noise Abatement Order, which can be appealed by the alleged offender within 21 days.

Are there any specific times that are restricted from noise

The following table indicates the hours during which particular types of noise are restricted.

Type of Noise

Times during which restrictions apply

Power tools including swimming / spa pool pump

Before 8:00am or after 8:00pm on Sundays and public holidays.
Before 7:00am or after 8:00pm on any other day.

Musical instruments and electrical amplified sound equipment

Before 8:00am and after midnight on any Friday, Saturday or day immediately before a public holiday.
Before 8:00am and after 10:00pm on any other day.

Air conditioners

Before 8:00am or after 10:00pm on weekend and public holidays.
Before 7:00am or after 10:00pm on any other day.

Motor vehicle intruder alarms

No more than 90 seconds if the vehicle was manufactured before 1 September 1997.
No more than 45 seconds if the vehicle was manufactured on or after 1 September 1997.

Building intruder alarms

No more than 10 minutes if the alarm was installed before 1 December 1997.
No more than 5 minutes if the alarm was installed on or after 1 December 1997.

Motor Vehicle use on residential premises
(Does not apply to vehicle entering or leaving a premises)

Before 8:00am or after 8:00pm on any Saturday Sunday or public holiday.
Before 7:00am or after 8:00pm on any other day.

Refrigeration unit fitted to a motor vehicle

Before 8:00am or after 8:00pm on any Saturday, Sunday or public holiday.
Before 7:00am or after 8:00pm on any other day.

Lawn Mowers

Before 7:00am or after 8:00pm on weekdays.
Before 8:00am or after 8:00pm on weekends and public holidays.

According to the Protection of the Environment Operations (Noise Control) Regulation 2008 the actual use of equipment or vehicles outside the hours indicated above does not in itself constitute an offence.